Reisig Criminal Defense & DWI Law, LLC

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The Police Got A Blood Sample After I Was Transported To The Hospital Unconscious In New Jersey. Is That Legal?

July 10, 2014 by Matthew Reisig

It may have been lawfully obtained. Recent case law dictates that police are required to obtain a warrant (or get the driver’s consent) before drawing blood.

Upon arrival at the hospital unconscious, medical personnel would have had to take blood for analysis, and if police presented a warrant for an additional blood draw, the hospital would have provided it.

If you don’t know whether a warrant was obtained, there are ways to find out.

This is certainly one area where a strong defense team can examine evidence and question the means by which it was gathered.

If you have been in an accident and had blood drawn without your express consent, you may have cause to defeat a DWI charge in New Jersey.

Even if a warrant was obtained, a number of defenses exist.

Call attorney Matthew Reisig at 732-625-9660 for help right away.

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Since 1995, we have represented clients in all 21 NJ Counties - Atlantic County, New Jersey (Mays Landing, NJ), Bergen County, New Jersey (Hackensack, NJ), Burlington County, New Jersey (Mount Holly, NJ), Camden County, New Jersey (Camden, NJ), Cape May County, New Jersey (Cape May Court House, NJ), Cumberland County, New Jersey (Bridgeton, NJ), Essex County, New Jersey (Newark, NJ), Gloucester County, New Jersey (Woodbury, NJ),Hudson County, New Jersey (Jersey City, NJ), Hunterdon County, New Jersey (Flemington, NJ), Mercer County, New Jersey (Trenton, NJ), Middlesex County, New Jersey (New Brunswick, NJ), Monmouth County, New Jersey (Freehold, NJ), Morris County, New Jersey (Morristown, NJ), Ocean County, New Jersey (Toms River, NJ), Passaic County, New Jersey (Paterson, NJ), Salem County, New Jersey (Salem, NJ), Somerset County, New Jersey (Somerville, NJ), Sussex County, New Jersey (Newton, NJ), Union County, New Jersey (Elizabeth, NJ), Warren County, New Jersey (Belvidere, NJ)

*The reference to 1,402 cases without a DWI conviction applies to cases prior to November 1, 2018. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.
** We have an 82% Winning Percentage at Trial from 2012 through 2017, likely the best in NJ during that time.

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